Threatening Speech
Overview of Exceptions to Freedom of Expression
The Supreme Court has identified categories of speech that are unprotected by the First Amendment and may be prohibited entirely. Among them are obscenity, child pornography, and speech that constitutes so-called “fighting words” or “true threats.” In a 2010 case, U.S. v. Stevens, the Court made clear that it would not be likely to add more categories to the list of types of speech that currently fall outside the First Amendment’s purview, but it did not entirely rule out the possibility that other forms of unprotected speech exist. “Fighting Words” Doctrine The “fighting words” doctrine began in Chaplinsky v. New…
